Henwood v Barlow Clowes International Ltd (in liquidation) and others [2008] EWCA Civ 577, [2008] All ER (D) 330 (May)
(i) A person is, in general, domiciled in the country in which he is considered by English law to have his permanent home. A person may sometimes be domiciled in a country although he does not have his permanent home in it. (ii) No person can be without a domicile.
(iii) No person can at the same time for the same purpose have more than one domicile.
(iv) An existing domicile is presumed to continue until it is proved that a new domicile has been acquired.
(v) Every person receives at birth a domicile of origin.
(vi) Every person can acquire a domicile of choice by the combination of residence and an intention of permanent or indefinite residence (the intention of residence must be fixed and must be for the indefinite future). (vii) Any circumstance that is evidence of a person’s residence, or of his intention to reside permanently or indefinitely in a country, must be considered in determining whether he has acquired a domicile of choice. (viii) In determining whether a person intends to reside permanently or indefinitely, the court may have regard to the motive for which residence was taken up. (ix) A person abandons a domicile of choice by ceasing to reside there and by ceasing to intend to reside there permanently, or indefinitely. (x) When a domicile of choice is abandoned, a new domicile of choice may be acquired, but, if it is not acquired, the domicile of origin revives (Lady Justice Arden at 8).
